(6 years, 7 months ago)
Lords ChamberI did not rubbish the noble Baroness’s figures. They are contributing to the debate. I said it was an incomplete analysis and did not model the preferred economic outcome that we are seeking. We are continuing to conduct a range of economic analyses of all exit scenarios for all parts of the United Kingdom, and we will share all the appropriate analysis with Parliament when we have negotiated a final deal.
My Lords, is my noble friend aware, apart from the fact that the short-term economic forecasts put out by Project Fear have already been proven to be false, that serious academic studies have shown that medium and long-term economic forecasts are not worth the paper they are written on? Is he aware that I was Chancellor of the Exchequer at the time that Nissan had to decide where it was going to put its European headquarters? I remember the discussions very well, and Nissan was not at all concerned about our membership of the European Union. It was concerned about the quality of the workforce, our regulatory system and, above all, our tax system. It decided to come to this country, which has been a huge success for it.
The people of the north-east of England will be profoundly in debt to the noble Lord and of course to Baroness Thatcher for the role that they played in bringing Nissan to the north-east in the first place. The Labour Party might want to disparage that, but it was another tremendous achievement for the region, carried out under a Conservative Government. As a resident of the north-east, I am grateful to the noble Lord, as are many other people. I am sorry that opposition Peers want to laugh at him for that.
(6 years, 8 months ago)
Lords ChamberMy Lords, perhaps I may correct briefly my noble friend who has just sat down. When he referred to what I had said, I do not think he was showing great prophetic qualities; I think he intended to refer to my noble friend Lord Lamont.
I will be brief because I know the Minister wishes to reply to this debate very soon. Let me make just one or two comments. First, this whole thing has had something of an Alice in Wonderland nature. The noble Lord, Lord Kerr, whom I have known for many years and whose company I enjoy, said that nobody said during the campaign that leaving the European Union meant leaving the customs union. That is complete nonsense, with great respect to the noble Lord. I was, for a time, chairman of Vote Leave, which was recognised by the Electoral Commission as the official leave campaign, and we made it absolutely clear that leaving the European Union meant leaving the customs union and the single market. It was not just us. On the other side of the debate, the then Prime Minister and the then Chancellor of the Exchequer made it explicit that leaving the European Union would mean leaving the customs union and the single market, so it is nonsense to say that this was not put clearly to the British people.
This is really a political debate. I can see that there are political reasons for wanting to remain in the EU. I accept that. I think the political reasons for leaving the European Union are very much stronger, but it is absolute nonsense to suggest that there is an economic case for what is being put forward in this amendment. Quite apart from the political problem my noble friend Lord Lamont and others on our side of the debate have pointed out, what is being proposed is that we should not be in the European Union but should be within the customs union. In other words, we should have a quasi-colonial status. That is not something that I or, I think, the British people as a whole will give houseroom to.
What is even more nonsensical is the idea that one cannot trade without a trade agreement. I hope we can conclude trade agreements, but one can trade without them. The rest of the world is not in the European Union. Most of the world does an enormous amount of trade with the European Union. Most of the world is growing a great deal faster, which is rather more important, than the European Union is. If the customs union and the single market were so wonderful, the European Union would be the most dynamic part of the world economy, which it certainly is not. As it is, our trade with the rest of the world is growing far faster than our trade with the European Union. It is not merely greater than our trade with the European Union, but it is growing faster. Indeed, to some extent, my noble friend Lord Patten gave the game away when he pointed to German success in exports to China. There is no trade agreement involved in that. It is a fallacy to believe that bilateral trade agreements are as important as trade. It is trade that matters, and within trade it is the Word Trade Organization system that is overwhelmingly important.
This is basically a political argument. I accept that there are arguments on both sides. I happen to feel that the political arguments for leaving the European Union are greater than the political arguments for remaining in. This is a political argument dressed up as a trade argument, and the trade argument has no substance whatever. I therefore urge the House to reject what is in essence a wrecking amendment.
(6 years, 9 months ago)
Lords ChamberClause 7 is designed to address identified deficiencies post Brexit where our existing clinical trials regime may include references to EU bodies and institutions, but those would no longer be correct or competent and an amendment would be necessary. In response to the point made by the noble Lord, Lord Carlile, it goes back to what may be, and I hope will be, a very positive outcome to the negotiations. In that case, many of these fears will be assuaged, but I cannot second guess the negotiations and I cannot give premature guarantees that might be completely inappropriate.
My Lords, I do not think that I am the only Member of the Committee who is listening with increasing bewilderment to my noble friend’s reply to this amendment, particularly her constant references to negotiations. This is not an issue for negotiation, this is an issue where we have agreed to the new directive and there is nothing to negotiate; rather, we will implement it in the best and most effective way we can. Is she suggesting that if we say we wish to implement the directive, the European Union will come back to us and say, “No, you can’t”?
With the greatest respect to my noble friend, it is a matter for the negotiations. We cannot remain part of the European Medicines Agency unless that is agreed in the negotiations. The other aspects of the regulations, if they are subsequently enacted, will require us to adjust and adapt our UK law to be consistent with whatever the regulation provides.
(7 years, 1 month ago)
Lords ChamberMy Lords, I welcome my noble friend to his new responsibilities, which he is particularly well equipped to perform. I look forward to hearing a lot more from him in the weeks and months to come. Is not this all a lot of nonsense? We all know from the Treasury’s forecasts of the short-term impact of the Brexit decision that it does not have a clue—to put it politely. The longer-term impacts will depend overwhelmingly on what policies we put in place post Brexit when we are free to do so. That is true not only of the agricultural sector, for example, but of the whole of the rest of the economy. Since these policies have not yet been decided, is it not the case that this is a complete farce and that the Opposition are simply seeking to embarrass the Government—which is what Oppositions do—in the face of an international negotiation?
I thank the noble Lord for his questions and observations. I am not sure that I would use the word farce to describe appropriate parliamentary procedures—of course, the Opposition are quite entitled to ask any questions and request any documents they wish. As I said, we will concentrate on getting the best deal for the UK in these negotiations. We will be as open and as transparent as possible as far as that objective is concerned. I also thank the noble Lord for his welcome.
(7 years, 9 months ago)
Lords ChamberAt the end of the process, there is going to be a need to come back before Parliament. That has been acknowledged by the Prime Minister and other Ministers and I understand that an undertaking has been given. Like the noble Viscount, Lord Hailsham, I believe that having it in statutory form is the best way for us to know exactly what is on offer, but I have heard repeatedly from Ministers that the option of walking away involves no need to come back before Parliament. I asked the question directly of the Minister, the noble Lord, Lord Bridges, and I have heard it said by other Ministers in Select Committee. All I am saying to this House is that that is why this amendment is so important, even if no negotiation deal comes back before Parliament because no deal means WTO and WTO has implications for citizens of this country with regard to their rights.
Did the noble Baroness finish? I wanted to intervene on her.
It is notification of withdrawal; it is not a withdrawal Bill.
My Lords, as I was saying, as my noble friend Lord Hailsham, whose father I greatly respected as a colleague of mine in government, has reminded us, the reason we are debating this proposed new clause today is that the noble Lord, Lord Pannick, who moved this amendment, convinced first the High Court and subsequently a majority of the Supreme Court that a Bill is needed and that the Government’s intention to rely on the prerogative will not do. His argument was clear, and I think it will be helpful if I remind the House of it by quoting his words before the High Court:
“my case is very simple. My case is that notification is the pulling of the trigger and once you have pulled the trigger, the consequence follows. The bullet hits the target. It hits the target on the date specified in Article 50(3). The triggering leads to the consequence, inevitably leads to the consequence, as a matter of law, that the treaties cease to apply”.
In short, the very act of invoking Article 50 inexorably leads to Brexit two years later. This was the principal basis on which the courts decided that the Government were wrong to rely on the prerogative, yet the proposed new clause appears to say exactly the opposite. It says that there is no inevitability at all. Triggering Article 50 does not “inevitably”—in the own word of the noble Lord, Lord Pannick—lead to Brexit, for the explicit purpose of the proposed new clause is to ensure that even when Article 50 has been invoked, if Parliament disapproves of the outcome of the negotiations it can stop Brexit happening. Indeed, as a number of speakers have pointed out, on the strict interpretation of the proposed new clause, your Lordships’ House alone can prevent Brexit since the approval of both Houses is required. I do not want to go down that avenue because I have not time.
I have the greatest respect for the noble Lord, Lord Pannick, as an exceedingly clever lawyer who deploys his cleverness with considerable charm. However, is it possible for even him to have his cake and eat it? Might this not be too clever by half? The real mischief—
I should like to develop my argument. The real mischief in this proposed new clause lies in subsection (4). As the noble Lord, Lord Pannick, effectively conceded, without subsection 4 there is a possible reconciliation with his original thesis, since without subsection (4), Parliament would be faced simply with the decision of whether to approve the agreement that the Government had putatively reached with the European Union. As the noble and learned Lord, Lord Hope, and one or two others, have already pointed out, the Government have pledged to put this before Parliament when the time comes.
The Government might, for example, have agreed to pay the Barnier ransom demand which our own European Union Committee has recently confirmed that we are under no legal obligation to pay. In that case, Parliament might have found that unacceptable. However, if, for whatever reason, Parliament refused to approve the agreement that the Government had reached with the EU, that would not prevent Brexit. It would mean simply that we would leave the European Union without an agreement—and, as I explained at Second Reading, that is nothing to be scared of. Far from jumping off a non-existent cliff into the unknown, trading under WTO rules is the very satisfactory basis of most of the trade that we do throughout the world today. I give way.
I am grateful. Does the noble Lord accept that at this stage the key question before the House is: who is to be master? Is it Ministers or Parliament?
If the noble Lord allows me to develop my argument he will see exactly what the problem with what he is saying is, because no agreement is by far the most likely outcome. As the Prime Minister made clear in her excellent Lancaster House speech and as the subsequent White Paper reiterated, no agreement would be better than a bad agreement. Sadly—and it is sad—a bad agreement is all that is likely to be on offer. However, the mischief of subsection (4) of this proposed new clause is that it would not merely give Parliament the power to reject a bad deal but enable it to prevent Brexit altogether by refusing to allow the UK to leave the European Union without an agreement. This not only is in diametric opposition to the Pannick thesis on which the Bill rests but, more importantly, would be an unconscionable rejection of the referendum result that would drive a far greater wedge between the political class and the British people than the dangerous gulf that already exists.
I am saying that I think it would then simply incorporate the Prime Minister’s and the Minister’s undertaking.
Of course, the bit at the end is a separate matter, and on the whole I do not feel very inclined to get into it. There is the problem that, as was said, Brexit, once initiated, may go out of hand and terminate without any voluntary agreement on the part of the Prime Minister. The amendment does not really deal with that—but I do not see too much harm in the amendment. I cannot foresee exactly what will happen, but I sincerely hope that it is the first two parts of the amendment that will come into play in the end and there will be an agreement that can be put before the Houses of Parliament. Nobody knows—I cannot tell—and we can only hope. But it would be very desirable for any amendment of this kind, going from this House, to recognise the supremacy of the House of Commons.
(7 years, 9 months ago)
Lords ChamberMy Lords, I rise to speak in support of Amendment 25, to which I have added my name, and in general support of the amendments in this group. Like the noble Lord, Lord Tebbit, I declare my interests: as chair of King’s College Hospital, chair of Peabody and president of the Local Government Association—this may be the only point of similarity in our speeches. My views are of course my own and not those of the individual organisations.
I should start by saying that this is a difficult judgment for us to make and it will be one of many that we face over the coming years. Like other noble Lords, I have read very carefully the Home Secretary’s letter, much of which I sympathise with, and reflected on the issues overnight. Having reflected, I still come firmly down on the side of supporting an amendment to protect the rights of EU citizens in this country.
The arguments for this are both principled and deeply practical. The principled arguments have already been well made today, so I will not repeat them all. More than 3 million EU citizens have come to this country in good faith. Many have made it their home and, in doing so, contributed enormously to the good of this country. I doubt if there are very many Peers in this House or indeed many people in the country who would actively want them to leave. The only argument we have heard for not confirming their position now, put forward by the Home Secretary in her letter, is that it would weaken our hand in the negotiations on UK citizens in Europe. Whichever way you dress up that argument, whichever way you think about it, it is using the rights of EU citizens as a bargaining chip.
In my view, it is not even a very good bargaining chip, because it is perfectly clear to the Commission negotiators that we need them to stay as much as they wish to do so—if not more so. So our negotiating position amounts to saying, “Do as we wish or we will shoot our own foot off”. I think the EU negotiators will see through that.
My practical reason for supporting the amendment is that, for our own sakes, we need to end the uncertainty for EU citizens now. The Government have said that we can debate this issue at a later stage. They have said that they will seek to reach an early agreement on the matter with the EU. I have no doubt about their sincerity on this point, but the hard truth is that early resolution is not in their gift. In the meantime, the uncertainty creates risks for desperately needed skilled staff, with devastating consequences—let me give just three.
For the building of new homes, which I am passionate about, we know that something like a quarter of construction workers in London come from the EU. In respect of the effective operation of our hospitals, I know that King’s would simply not be able to function without the European doctors and nurses who work for us. For the delivery of social care, EU workers form a vital part of the residential and home care provider workforce. Without those skilled workers, it would simply be impossible to run these functions properly and it is not possible to replace such workers in the short term. It may be that they will continue to stay here, but the survey that we saw in the Guardian today on European doctors immediately puts that in doubt. It may be that early resolution with the EU is possible: I have to say, from my own conversations with those closer to the process, that I am doubtful of this.
In the end, the key question for me is this: given the potentially devastating consequences for all the things I hold dear—new homes, a functioning NHS and delivery of good quality care—do I think that this is a risk worth taking? I do not. Sometimes in life—in fact, very often in life—the right thing to do is to do the right thing. I hope that today we do the right thing.
My Lords, I think it would be appropriate to have my noble friend Lord Lawson and then hear from the Labour Benches.
My Lords, I assure your Lordships that I will be very brief indeed. I shall start by declaring an interest, an even more personal interest than that declared by my noble friend Lord Tebbit. My home is in France, yet despite that, I have gone on record—in this House on a number of occasions and elsewhere—as saying that I would have liked to see the Government give an unconditional assurance that EU citizens in this country, legally here with a right to remain, should continue to remain. There should be no question of that right being taken away. I believe that the idea of somehow linking it with the position of British citizens resident in the European Union was well intentioned—in order to reassure those people—but mistaken. I cannot agree with this amendment, partly and fundamentally for the reasons so well set out by the most reverend Primate the Archbishop of York. This amendment has no place whatever in this Bill.
Secondly, the Home Secretary’s letter has been referred to. One of the things that she said—in fact, the most important one—was that,
“nothing will change for any EU citizen, whether already resident in the UK or moving from the EU, without Parliament’s approval”.
It is quite clear to everyone in this House that there is no chance that Parliament would approve the expulsion of EU citizens legally resident here. This is understood by the Government and there is no way that they would propose this, so there is no danger whatever to EU citizens resident in the UK.
Apart from a certain amount—too much, in my opinion—of virtue signalling, what is the purpose of this amendment and what is its likely consequence? The only consequence of this amendment would be to stir up fear and concern among the EU residents in this country that they might not be able to stay, when there is no question that they will be able to. That is something that I find wholly deplorable.
My Lords, I have put on one side the remarks that I was going to make because I want to concentrate on the remarks made by the right reverend Prelate—I am sorry, the most reverend Primate—and I do so declaring my interest as a member of the Church of England and a regular churchgoer.
The most reverend Primate seemed to base his argument on two points. The first was that the EU would agree to prioritise this issue above all things and not make it dependent on other parts of the negotiations. That is certainly the Prime Minister’s view but I do not know whether that prioritisation will be recognised by the EU. As for not making it dependent on other negotiations, I have negotiated as part of the EU and negotiations are never concluded until everything is concluded. The square brackets stay around everything until you can finally decide what you are prepared to bargain with, what you will give away and what you want to keep. That is the reality of negotiations and I am afraid that to say otherwise is misleading.
(8 years, 5 months ago)
Lords ChamberIf the noble Lord is referring to who will replace us, that matter is being determined by the European Union as we speak.
My Lords, may I commend the Government on the very sensible decision they have taken, for the reasons set out by my noble friend? I must say that I find this very curious. Normally in this House I hear noble Lords criticising the Government for not making up their mind. Now they are being criticised for having made up their mind.
I thank my noble friend for that point and can reassure the House that this decision was taken after due consideration.